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21/08/2009 11:31:36
Re: Service Years

I've been working for this MNC in Cyberjaya for the past 4 years. I was employed as contract staff for 1 year from June 2005 up to June 2006 and after this period i was took in as per permanent staff from then till now. Upon checking with HR today i found out that my service years record is only 3 years and not 4 years. HR got back to me and says that they do not recognise the 1 year contract year as my service year. Could you please advise me on this.
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21/08/2009 11:56:01
How does it affect your remuneration package or fringe benefits? As for leave entitlement, the 1 year service contract would not be regarded.
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24/08/2009 17:50:42
can u give ur comment, mr. siew?
If i am not mistaken, if there are no cooling period after the contract, the one year will be consider as permenant service.
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KL Siew
24/08/2009 19:20:37
To me, there are two separate types of contract involved: one-year contract and subsequent 'permanent contract'. The period of one-year contract will be excluded unless it was specifically included in the new appointment letter. By the way, what was the date of your appointment into permanent service? Was there a break of say a month before the permanent contract? If no, there could be a doubt.
Although you may not be covered by the Employment Act, Regulation 3(2) of the Employment Regulations has this to say and you may use it to argue your case:

"3(2) For the purpose of this regulation a continuous contract of service for a period of not less than twelve months shall include two or more periods of employment which are not less than twelve months in the aggregate if the intervening period or periods between one period of employment and another does not in the aggregate exceed thirty days. "
You may seek an official opinion from the Industrial Relations Department.

Do update us should you get one from the IR Department.
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